Recipient of Final Expunction Order in McNairy County Circuit Court Case No. 3279 v. David B. Rausch, Director of the Tennessee Bureau of Investigation, and Tennessee Bureau of Investigation, 645 S.W.3d 160

Plaintiff completed a four-year judicial diversion in McNairy County; the court entered an agreed expunction order on Feb. 19, 2019, directing public records be expunged and destroyed.
The expunction order became final 30 days later and a copy was sent to the Tennessee Bureau of Investigation (TBI).
Tennessee law required the TBI to remove expunged records from a person’s criminal history within 60 days of receipt of an expunction order.
The TBI did not fully remove the records and declined to comply, citing a statutory rule that sexual offenses are ineligible for expunction.
Plaintiff sued the TBI and its director seeking declaratory and injunctive relief under Tenn. Code Ann. § 1-3-121; cross-motions for judgment on the pleadings followed and the case was certified for interlocutory appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Tenn. Code Ann. § 1-3-121 waive sovereign immunity for this suit?	§ 1-3-121 permits declaratory/injunctive suits challenging legality of governmental action, so sovereign immunity is waived.	No waiver; TBI contends § 1-3-121 is not an explicit, clear waiver of sovereign immunity.	Held: § 1-3-121 clearly and unmistakably waives sovereign immunity for declaratory or injunctive claims about legality/constitutionality of governmental action; jurisdiction proper.
May the TBI refuse to comply with a final expunction order by asserting statutory ineligibility (sexual-offense exception)?	Final expunction orders bind the TBI; courts decide eligibility; TBI’s sole statutory duty is to enter the order and remove records within 60 days.	TBI may ignore orders involving statutorily ineligible offenses (e.g., sexual offenses) and must determine eligibility under relevant statutes.	Held: No. The TBI has no statutory authority to override or refuse to comply with a final expunction order. Determination of eligibility is a court function; final orders are res judicata and the TBI must remove records.

State v. Allen, 593 S.W.3d 145 (Tenn. 2020) (finality rule: orders become final 30 days after entry absent appeal)
Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827 (Tenn. 2008) (sovereign immunity and availability of declaratory/injunctive relief)
Smith v. Tennessee Nat’l Guard, 551 S.W.3d 702 (Tenn. 2018) (standard for finding clear waiver of sovereign immunity)
Regions Bank v. Prager, 625 S.W.3d 842 (Tenn. 2021) (elements and policy behind res judicata/claim preclusion)
Elvis Presley Enters., Inc. v. City of Memphis, 620 S.W.3d 318 (Tenn. 2021) (res judicata principles and finality)
State v. Wooden, 478 S.W.3d 585 (Tenn. 2015) (state agencies may not alter a court’s judgment)
Franks v. Sykes, 600 S.W.3d 908 (Tenn. 2020) (standard of review for motions for judgment on the pleadings)
Niz-Chavez v. Garland, 141 S. Ct. 1474 (U.S. 2021) (expectation that government comply with legal obligations; cited for principle that government must "turn square corners")